Reisenleiter v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. The court erred in refusing to give at the close of the case, an instruction in the nature of a demurrer to the evidence, as requested by the defendant. There being no evidence that the defendant was the owner or operator of the car from which it is alleged the plaintiff was jerked, the plaintiff’s case was therefore fatally insufficient.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. The court erred in refusing to give at the close of the case, an instruction in the nature of a demurrer to the evidence, as requested by the defendant. There being no evidence that the defendant was the owner or operator of the car from which it is alleged the plaintiff was jerked, the plaintiff’s case was therefore fatally insufficient. Frisby v. Railroad, 214 Mo. 567. The court did not err in refusing to give at the close of the case an instruction in the nature of a demurrer to the evidence as requested by…
1Opinion of the CourtCaulfield, J.
(after stating the facts).' — The only assignment of error which we need notice on this appeal is that the court erred in refusing to give at the close of the case the instruction in the nature of a demurrer to the evidence as requested by the defend-' ant. It is urged that this instruction should have been given because there was no evidence that the defendant was the owner or operator of- the car from which it is alleged the plaintiff was jerked and that therefore the *93plaintiff’s proof was fatally insufficient. Counsel for defendant cites Frisby v. St. Louis Transit Co., 214 Mo. 567, 113 S.…
2Cases cited5 opinions
- Peterson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Geiser v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1895
- Frisby v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Little Rock Trust Co. v. Southern Missouri & Arkansas RailroadSupreme Court of Missouri · 1906
3Cited by6 opinions
- Lopez v. TownsendNew Mexico Supreme Court · 1938
- El Paso Electric Ry. Co. v. TerrazasCourt of Appeals of Texas · 1919
- Olive v. United Railways Co.Missouri Court of Appeals · 1917
- Hernández v. Porto Rico Railway, Light & Power Co.Supreme Court of Puerto Rico · 1921
- Hernández v. Porto Rico Railway, Light & Power Co.Supreme Court of Puerto Rico · 1921
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